Negligence case against Rosewood Care Center goes to trial Tuesday

Amelia Flood Feb. 12, 2010, 3:33am


A five year-old suit against an Edwarsville nursing home is set for trial Tuesday.

Plaintiff Martha Flanary is suing Rosewood Care Center of Edwardsville for negligence on behalf of the estate of Gerald Flanary.

While trials ordinarily begin on Monday mornings, the courthouse is closed for Presidents' Day.

The trial is set to begin at 9 a.m.

Flanary claims that the nursing home and its staff failed to notify Gerald Flanary's doctor and next of kin when his condition suddenly worsened in 2003. She claims that Rosewood violated the Nursing Home Care Act and did not properly care for Gerald Flanary.

She claims he suffered great pain and anguish as a result and is seeking damages in excess of $50,000 and costs for each of the suit's counts.

Rosewood was originally represented by Stephen Strum. He withdrew in March 2008.

Flanary is represented by Robert Gregory. Gregory won another negligence suit against Rosewood last year, representing the son of a man who fell and broke his hip while staying at the facility.

Madison County Circuit Judge Barbara Crowder is assigned to the case.

However, due to another trial also beginning Tuesday, it is not clear as yet whether Crowder or another judge will preside over this trial.

The case is Madison case number 05-L-747.

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